SCOTUS bans religious organizations' use of public schools, March 8, 1948

On this day in 1948, the U.S. Supreme Court banned as unconstitutional the use of public school facilities by religious organizations as a venue for religious instruction to students. In an 8-to-1 ruling, the court held that such activities violate the First Amendment.

Justice Hugo Black wrote the majority opinion in the case, known as McCollum v. Board of Education.

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The court found that “neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force or influence a person to go to or to remain away from church against his will, or force him to profess a belief or disbelief in any religion.

“No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or nonattendance,” Black added. “No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called or whatever form they may adopt to teach or practice religion. Neither a state nor the federal government can, openly or secretly, participate in the affairs of any religious organizations or groups, and vice versa. In the words of [Thomas] Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between church and state.’”

The case, which reversed the decision of the Illinois Supreme Court, was brought by Vashti McCollum, the mother of a student enrolled in the Champaign, Ill., public school district. McCollum, an atheist, objected to the religious classes, which dated from 1940, arguing that her son James was ostracized for not attending them.

The lone dissenting justice, Stanley Reed, held that incidental support of religion should be permissible under his narrower reading of the First Amendment.